Man convicted of double murder wants new trial, says prosecutors made mistakes
A man convicted of murder last year claims that multiple errors were made during his trial and he is requesting a new one, according to Bibb County Superior Court records filed Sunday.
Anthony Cyril Green was convicted on June 14, 2024, in the killing of Notorious Williams and Davius Johnson after a shootout outside a house at 4368 Azalea Drive that occurred on July 5, 2020. He was sentenced to life without parole.
However, after his trial, his attorney, Robert Cabe said he found potential errors that were made during the trial, including insufficient evidence, a denial of one of his requests to the judge and his being “in-effective,” according to court documents.
Since Cabe’s contract with Green was onlyto represent him during his trial, another attorney, Cedric Deon Bean, investigated the possible errors. Bean found that, other than insufficient evidence, there were erroneous comments made by prosecutors Kyle Owenby and Jeremy Johnson as well as Bibb County Judge Jeffery Monroe, according to court documents.
Under these circumstances, Bean said Georgia law should dictate that a new trial be granted.
Other than his murder charges, Green was convicted of one count of aggravated assault, one count of home invasion, one count of possession of a firearm by a convicted felon, one count of possessing a firearm during the commission of a felony and one count of using a firearm as a convicted felon during the commission of a crime, court records show.
On the day of the shooting, Green had driven his stepson, Davius Johnson, to his ex-girlfriend’s house, “turned the lights off on his vehicle and waited in the car as the stepson put a gun to his girlfriend’s head,” Jeremy Johnson said during opening arguments, according to court records. Green’s stepson had sent death threats to his ex-girlfriend before the shootout after finding out that she had begun dating Williams, according to the prosecutor.
Davius Johnson walked inside, found his ex-girlfriend and pointed the gun toward her head. After noticing this, Williams pulled out his own firearm and shot Davius Johnson, but then Davius Johnson shot Williams in the gut, according to the prosecutor.
As Williams runs outside to his vehicle, Green walks inside, whispers to Davius Johnson, steps back outside and shoots Williams in the head, court records show.
However, Cabe, the attorney, argued that Green had acted in self-defense as Williams also shot Green, according to the court document. Cabe established during the trial that multiple bullet casings found at the scene matched Williams’ gun, not the guns of Green or Davius Johnson.
What happened during the trial?
Bean argued that there wasn’t enough evidence to support the home invasion allegation, which claimed Green entered the house at 4368 Azalea Drive, because the government’s argument “portrayed the defendant as remaining outside in a vehicle,” rather than evidence that he had entered the house, according to court records.
And, even though he was charged with first-degree home invasion by “entering the dwelling ... with the intent to commit an aggravated assault,” the prosecutor’s statement during the trial shifted to establishing that Green had remained in the vehicle during the shooting, was “bringing his step-son” to the residence and didn’t physically enter the home, the court document states.
“Mr. Green was charged with direct commission of home invasion, yet tried and convicted under a different theory,” the court document states.
Bean also challenged prosecutors for bringing Green’s prior conviction as evidence during his trial, even though Georgia law often omits such evidence if it’s irrelevant and potentially prejudicial.
“The State notified the Defendant that the evidence was being used to show motive, preparation and absence of a mistake,” the court document said. “However, the State never introduced the conviction in context with ... the alleged reason for introducing the evidence. This evidence was used to establish a similar transaction and that the Defendant acted in accordance with his character being violent.”
Did prosecutors, judge influence jury?
Bean also alleged that some of the witnesses “testified in a manner suggesting awareness of prior testimony,” which violated the rule of sequestration, which is enforced by not having the witnesses present in the courtroom while they deliver their testimonies. Prosecutors also allegedly referred to prior testimony made by witnesses during direct examination with other witnesses, which may have “allowed witnesses to conform or adjust their statements based on earlier testimony, thereby bolstering the State’s narrative and undermining the reliability of the verdict,” according to the court document.
“The record does not reflect that the trial court monitored compliance with the rule or conducted any inquiry into whether witnesses discussed testimony during recesses or in staging areas,” the court document states.
Judge Monroe also allegedly made opening remarks as potential jurors were questioned before the trial that “implied State’s case had merit” compared to defense attorney’s case, according to Green. Monroe had told the potential jurors that they “are fulfilling a constitutional promise that doesn’t become real until folks like yourselves sit exactly where you are,” according to the court document.
“While this remark may appear benign in isolation, when considered in the context of criminal prosecution, it implicitly endorses the validity of the State’s case and the premise that the accused must be guilty for the system to function properly,” the court document said. “The Georgia Supreme Court has made clear that even indirect or subtle comments can cross the line into prohibited opinion.”
The prosecutors had also improperly shifted the burden to the defense to prove Green’s innocence, when “such remarks violate the presumption of innocence and the state’s exclusive burden to prove guilt beyond a reasonable doubt,” according to the court document.
Prosecutors had mentioned in their closing arguments that the events from July 5, 2020, were an “assassination plot,” according to the document. However, the evidence “presented showed that it was a spontaneous occurrence, after a confrontation with the two decedents,” the court document states.
“The State characterized the incident as an ‘assassination plot’ and labeled Defendant as abandoning his son ‘to die,’” the court document said. “Such statements, absent evidentiary support, violate prosecutorial ethics and due process.”
Juror issues
Since prosecutors had allegedly presented inconsistent theories during trial, such as indicating that Green was the shooter and also being a party to a crime by driving Davius Johnson to the home, the jury was not instructed on what it meant to be a party to a crime. Georgia law indicates that, if they are not instructed on what liability as the party of a crime means when the defendant’s involvement was not direct, the conviction must be reversed, according to the court document.
“Here, Mr. Green’s alleged conduct — driving someone, being nearby, or failing to intervene — does not constitute criminal liability absent a proper finding of shared intent or purposeful conduct, which the jury was not instructed to determine,” according to the court document.
Further, during juror questioning before the trial, one man acknowledged he had formed an opinion on the nature of the charges and “expressed difficulty being impartial” but the juror was chosen as a juror, even though Green’s defense counsel attempted to strike the juror.
What’s next?
A judge, either Monroe or another judge, would have to schedule a hearing to listen to the evidence from both Green’s defense counsel and the Macon Judicial Circuit District Attorney’s Office on the allegations against them. However, they have not filed a legal response to the allegations.
The case was appealed and will potentially be reviewed by the Georgia Supreme Court, a representative of the Macon Judicial Circuit District Attorney’s Office said Wednesday. Because of the appeal, they are unable to provide a comment.
This story was originally published June 10, 2025 at 6:03 PM.
